June 12, 1974
The Honorable Ted Butler District Attorney 166thJudicial District Court Bexar County Courthouse San Antonio, Texas Opinion No. H- 325 Re: Designation ofa county court at law **aa** the juvenile **court.**

Dear Mr. Butler:

You have asked our opinion on two questions which **are:** (I) Can the Juvenile Board of Bexar County designate a County **Court at**  Law **am**the Juvenile Court? (2) Does the County Court have exclusive jurirdiction over matters affecting juvenile offenders in Bexar County? Article 5, $ Iof the Constitution provides in part that:

The judicial power of ’this State shall be vested in **one** Supreme **Court,** in **Courts** of Civil Appeals, in **a Court**  of Criminal Appeals, in Dirtrict Courts, in County Courts, in Commissioners Courts, in **Courts** of Justices of the Peace, and in such other courts as may be provided **by law.**  The juriediction of district courts and county **courts** is provided by the Constitution (Article 5, 558and 16, Texas Constitution), and both courts have authority to decide matters affecting juveniles. See In re **Cockrell,** 493 S.W. 2d 620 (Tex. Civ. App., Amarillo, 1973, writ ref ’d n.r.e.).

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Article 5, §1further provides:

The Legislature may establish such other courts as it may deem necessa,ry and prescribe thejurisdiction and organization thereof,. and may conform the jurisdiction of the district and other inferior **courts** thereto. Pursuant to this provision of the Constitution the Legislature has created, inter alia, county courts at law.

Six county courts at law have been authorized for Bexar County. County Courta at Law Nos. 1and 2of Bexar County were created by Article 1970-301, V. T. C.S. Among subjects specifically eXcluded from their jurirdiction is the transaction of “all business pertaining to
. . . 

### minorr. ” Articlea 1970-301, $§ 3and 4; 1970-64; 1970-65; 1970-301g, $3, V. T. C.S. County Court at Law No. 3of Bexar County was established byArticle 1970-301d. The court is given,the same jurirdiction enjoyed by County Court.0 at Law Nos. 1and 2except that in addition: The Judge of the County Court at Law No. 3 of Bexar County, Texas, upon proper certifi’cation ofthe County Judge of Bexar County, Texas, because of conflicting duties, or absence or inability toact; 

### or, upon the failure or r.efusal of such County Judge toact for any reason or cause, shall also be authorized and empowered toact for andin the place and stead of said such County Judge in any lunacy, probate and condemnation proceeding or matter, and also may perform for the County Judge of Bexar County any and all other ministerial acts required bythe laws ofthis State of said County Judge of Bexar County, Texas
. .. . Provided, that the powers thus conferred on the Judge ofthe County Court at Law No. 3, of Bexar County, Texas, shall extend toandinclude all powers ofthe County Judge of Bexar County, Texas, except his powers and duties in connection with the transaction of the business of the County as presiding officer of

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the Commissioners Court, and in connection with the budget of Bexar County. Article 1970-301d, 02, V.T. C.S. Therefore, the County Court at Law No. 3has potential jurisdiction over juvenile matters, depending on the inability or refusal ofthe County Judge toact in those cases.

County Court at Law No. 6of Bexar County was originally denominated as the County Civil Court at Law of Bexar County. Articles 1970-3OLf. It is granted power “to hear and determine all matters affecting minors. ” Article 197a-3Olf, 93.

County Courts at Law Nos. 4and 5of Bexar County were created by Article 1970-30le. 1.V. T. C.S. Their duties will commence on January 1, 1975. Article 1979-30le. 1,s11,V. T. C.S. County Court at Law No. 4has authority to “hear and determine all matters affecting minors. ” Article 1970-301e. 1, $20. County Court at Law No. 5has the same jurisdiction as County **Courts** at Law Nos. 1, 2and 3. Article L970-3Ole. 1, 52. Its concurrent jurisdiction with County **Court** at Law No. 3gives it potential jurisdiction 

### over juvenile. matters.

Therefore it is our conclusiop that the statutes creating the six **courts** give juriediction over juvenile matters to County Courts at Law Nos. 4and 6, deny such jurisdiction to County Courts at Law Nos. 1and 2, and give potential jurisdiction over juvenile matters to County Courts at Law Nos. 3and 5. However, $51.04 of Vernon’s Texas Family Code provides in part: (a) The juvrnile court hasexclmive original jurisdiction over proceedings under this title. (b) Ina **county** having ajuvenile board, the board shall designate one or more’ district, criminal district, domestic relations. juvenile, or county **courts or**  **county** courts at law as the Juvenile court, subject to Subsection (d) of this section
. . . .

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(d) A court may not be designated as thejuvenile court unleaa its judge is an attorney licensed to practice Lawin this atate. (e) A designation made under Subsection (b) or (c) of this section may be changed from time to time by the authorized boards orjudges for the convenience of the people and the welfare ofchildren.. However, there must be at all times 

### ajuvenile court designated for each county.’ It is the intent of the legis,lature that in selecting a court to be thejuvenile court of each,county, the selection ahall be made 

### ae far as practicable 80that the court derignated as thejuvenile court will be one which is presided over by ajudge who has a sympathetic understanding ofthe problems of child welfare and that changee in the designation ofjuvenile courts be made only when the best interert ofthe public requires it. Predeces,sor etatutes to this portion of the Family Code permitted designation of certain courts asjuvenile courts, but the courts which could be so designated already possessed jurisdiction over juvenile matters. Acts 1943, 48th Leg., ch. 204, p. 313, 44; Acts 1909, 31st Leg., ch. 55, p. 101, 61;Frey, “The Evolution ofJuvenile Court Jurisdiction and Procedure in Texas,” 1Tex. Tech. L. R.ev. 209, 218(1970). When the statute was amended to permit criminal district courts, which arguably had ‘nojuvenile jurisdiction, to be named as thejuvenile court, the amendatory act specifically granted that jurisdiction to those courts. Acts 1945, 49th Leg., ch. 35, p. 52, $1.

It is clear thatjurisdiction of thejuvenile ~court comes from an act of the Legislature and,not from the juvenile board. In re Hoskins, 198S.W. 2d460 (Tex. Civ. App. Amarillo 1946, writ ref ’d n.r.e.). Italso has been held under the predecessor to this portion ot the Family Code that the statute permitting thejuvenile board lo designate acourt as thejuvenile court does not create a new court, but merely limits the class ofcases to he tried in that court during the designated period. Bomar v. Bomar, 229S.W. 2d

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- _ The Honorable Ted Butler page 5 (H-325)

859 (Tex. Civ. App. Dallas 1950, nowrit), **but 8e.e** In re **Cockrell, supra.** 

Section 51.04 ofthe Family Code does not confer thejurisdiction ofa juvenile court on courts not already posseasing it. Ifthe Family Code were interpreted togrant jurisdiction denied to the Bexar **County Courts**  at Law in Articles 1970-301, 1970-301d, 30Le. 1and 3Olf, V. T. C.S;, that interpretation would ignore the maxim that “where a law is enacted as a part ofan existing system covering a given subject-‘matter, it will be presumed the Legislature intended that the same should operate in harmony therewith. ” Freels v. Walker, 26S.W. 2d627, 630 (Tex. 1930).

Therefore, it is **our** opinion that the Bexar County Juvenile. Board may name Coun,ty Courts at Law Nos. 4,or 6as thejuvenile court. Under some cir~cumstances it may designate County Courts at Law Nos. 3or 5,, but it may not name County Court at **Law** Nos. 1 or 2**aa** thejuvenile **court.** SUMMARY Designation ae thejuvenile court under Sec. 51.04 ofthe Family Code is limited to courts possessing jurisdiction over juvenile matters 

### from a source other than the Family Code. Very truly **yours,**

OHN L. HILL

General of Texas

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. The Honorable Ted Butler page 6 (H-325)

DAVID M. KENDALL, Chairman Opinion Committee

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